May Hospitals Withhold Ventilators from COVID-19 Patients with Pre-Existing Disabilities?

As a follow-up to my last post, here are some more sophisticated legal arguments by the always-insightful Sam Bagenstos, who helped draft the complaint filed with the Office for Civil Rights of HHS, challenging Washington State's plan. 

This is a forthcoming article in the  Yale Law Journal Forum, entitled: May Hospitals Withhold Ventilators from COVID-19 Patients with Pre-Existing Disabilities? Notes on the Law and Ethics of Disability-Based Medical Rationing.